Greek Texts & Translations

58.5This man was liable to many criminal informations, and has transgressed all the laws which bear upon these matters; but the most unheard of among his acts we found to be the denunciation which he lodged concerning the merchant ship; so that my father put this at the head of the criminal information which he gave me. First, then, the clerk shall read to you the law regarding those who lodge denunciations and do not carry them through, but compromise in defiance of the laws. For it is with this, I think, that I ought to begin my speech. Then will follow the denunciation itself which the defendant lodged against Micon.

Read.Law

58.6This law, men of the jury, expressly prescribes for those who undertake either to prefer indictments or lodge denunciations or do any other of the acts specified in the law, the conditions under which each one of these things is to be done. These are, as you have heard from the law itself, that, if a man prosecutes and does not receive the fifth part of the votes, ^note he shall pay a fine of a thousand drachmae, and if he does not prosecute, Theocrines, he shall pay another thousand, to the end that no one may bring forward baseless charges, or with impunity make profit for himself or compromise the interests of the state.

I declare, then, that in accordance with this criminal information Theocrines is liable for having denounced Micon of Cholleidae, ^note and then having accepted money and sold the case instead of prosecuting it. 58.7I believe that I shall prove this clearly. And yet, men of the jury, Theocrines and his clique have gone to all lengths in tampering with the witnesses, and trying to induce them by threats and by bribes not to give testimony. Nevertheless, if you will give me the aid which you are bound to give, and will bid them, or rather join with me in compelling them, either to testify, or to disclaim knowledge under oath, and will not allow them to talk at random, the truth will be brought to light.

Read, then, first the denunciation and then the depositions.Denunciation

58.8This denunciation, men of the jury, was lodged by the defendant after he had cited Micon to appear. It was received by Euthyphemus, the secretary of the overseers of the port, and was exposed to public view for a long time in front of the meeting-place of the board, until this fellow was bribed to allow it to be crossed out, just when the magistrates were summoning him for the preliminary hearing.

To prove that these statements of mine are true, call first Euthyphemus, who was secretary of the board.Deposition

58.9Now read the deposition of those who saw the denunciation exposed to view.Deposition

Call now also the overseers of the port and Micon himself, against whose ship Theocrines lodged the denunciation; and read their depositions.Depositions

58.10Therefore, men of the jury, that Theocrines did lodge a denunciation against the ship of Micon, and that the denunciation was exposed for a long time to public view, and again that, when summoned to the preliminary hearing, he did not answer, nor did he prosecute the case, you have heard from witnesses who were in the best position to know the truth. And that he is liable, not to the fine of a thousand drachmae merely, but also to arrest and to the other punishments which the law declares shall be inflicted upon anyone who prefers baseless charges against merchants and ship-owners, you will readily learn from the law itself. 58.11For the proposer of this law, in his desire that those of the merchants who were guilty of wrongdoing should not go unpunished, and that those who were innocent should not be annoyed, absolutely forbade a person of this sort to make denunciations unless he were confident that he could prove in your court that the things charged in his denunciation had actually taken place; but that if any one of those who bring baseless charges should transgress this law, he should be liable to criminal information and arrest.

However, read them the law itself; for it will explain the matter more clearly than I can do.Law

58.12You hear, men of the jury, the penalties which the laws ordain for the one who brings baseless charges. Well then, if Micon has done any of the acts which Theocrines in his denunciation charged him with doing, and Theocrines has compromised the matter and come to terms with the man, he is guilty of a crime against you all, and would justly be fined a thousand drachmae. But if Micon sailed to a port to which he might legitimately sail (let the defendant choose either alternative), and Theocrines none the less denounces and summons him, he is bringing a baseless charge against the ship-owners, and has violated not only the former law, but also the one just read, and has convicted himself of dishonesty both in his words and in his actions.